20
upon the State whenever there has been a violation of human rights, an obligation
that must be discharged seriously and not as a mere formality. (see inter alia El
Amparo Case, Reparations, supra 59, para. 61) The Court also reiterated its
consistent jurisprudence with respect to this issue, according to which the State’s
obligations continue until their complete fulfillment.
80.
Consequently, the State is obligated to investigate the facts that resulted in
the violations of the American Convention in the present case, identify and punish
those responsible, and adopt the domestic legal measures necessary to ensure
compliance with this obligation (Articles 1(1) and 2 of the American Convention).
(Loayza Tamayo Case, Reparations, supra 40, para. 171)
*
*
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81.
The Commission argued in its reparations brief that modification of the
unnumbered article after Article 114 of the Criminal Code of Ecuador, to make it
conform to the Convention, is a necessary measure to remedy deficiencies in the
judicial system of the State.
82.
During the public hearing the State revealed that on December 24, 1997, the
Constitutional Court of Ecuador declared the cited article to be unconstitutional and
submitted a copy of the respective pronouncement.
(cfr. copy of the Supplement to the Official Register of the Government of Ecuador dated December 24,
1997, number 222, pages 1 through 4, that contains the text of Resolution No. 119-1-97 of the
Constitutional Court).
83.
It has been shown that the unnumbered article after Article 114 of the
Criminal Code of Ecuador was declared unconstitutional. Therefore, the Court
determines that it is not necessary to consider the request of the Commission on
that issue.
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84.
Mr. Suárez Rosero requested in his reparations brief that the Court require
that the State adopt measures to avoid a repetition of the violations in the future,
including provision of human rights training to the officials in charge of applying the
law, elimination of the practice of illegal incommunicado detentions, and
improvement of the situation in the detention centers.
85.
In this regard, the Commission stated in its brief on reparations, that it
considered state action to correct the systematic deficiencies in the penal system to
be of the utmost importance, and that the promulgation of “laws, regulations,
instructions or orders” would be necessary to prevent prolonged incommunicado
detention, as well as the adoption of the necessary measures to respect judicial
guarantees.
86.
In the public hearing, the State submitted a copy of a recent law (cfr. copy of
the Official Register of the Government of Ecuador of December 18, 1997, number
218, pages 1 through 3, containing the text of Law No. 44 “Reform of the Code of
the Enforcement of Punishment and Social Rehabilitation and of the Law on Narcotic